HomeMy WebLinkAboutRFP - 10161 On-Call Construction Services for Water Utilities & Natural Areas
RFP 10161 On-Call Construction Services - Water Utilities & Natural Areas
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REQUEST FOR PROPOSAL
10161 ON-CALL CONSTRUCTION SERVICES – WATER UTILITIES & NATURAL AREAS
RFP DUE: 3:00 PM MT (Mountain Time), June 10, 2025
The City of Fort Collins (City) is requesting proposals from qualified contractors to provide On -
Call Construction Services - Water Utilities & Natural Areas.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A pre-proposal meeting will be held at 1:00 PM MT on May 22, 2025. The pre-proposal
meeting will be hosted remote via Microsoft TEAMS. Please use the link below to access the
meeting:
Join the meeting now
Meeting ID: 295 899 538 922 3
Passcode: i9qW9kA9
All questions should be submitted, in writing via email, to Jake Rector, Senior Buyer at
jrector@fcgov.com, with a copy to Beck Anderson, Project Manager, at
banderson@fcgov.com, no later than 3:00 PM MT on May 29, 2025. Please format your e-
mail to include: RFP 10161 On-Call Construction Services - Water Utilities & Natural Areas in the
subject line. Questions received after this deadline may not be answered. Responses to all
questions submitted before the deadline will be addressed in an addendum and posted on the
Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
91223 Construction, General (Backfill Services, Digging, Ditching, Road Grading, Rock
Stabilization, etc.)
96833 Ditch Maintenance
96863 Relocation and/or Removal Services for Utility Works
96871 Solid or Liquid Waste Disposal (Including Management Services) (See 926-45 for
Hazardous Waste Disposal)
96873 Storm Drain Cleaning, Repair, and Sludge Removal Services
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvanta ged business enterprises will be afforded
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full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual ori entation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Contractors to comply with the City’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party Contractors and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data i nformation may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Contractors Registration: The City requires new Contractors receiving awards from the City to
submit IRS form W-9 and requires all Contractors to accept Direct Deposit (Electronic)
payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be
found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference
Documents. Please do not submit these documents with your proposal, however, if you take
exception to participating in Direct Deposit (Electronic) payments please clearly note such in your
proposal as an exception. The City may waive the requirement to participate in Direct Deposit
(Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
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or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Contractor shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
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I. RFP OBJECTIVE
A. Objective
The City of Fort Collins (City) is requesting proposals from qualified contractors to
provide on-call construction services for the City of Fort Collins, including, but not limited
to, Water Utilities and Natural Areas Department.
For Water Utilities, it is anticipated that the primary use of these construction services
will be in the areas of underground system improvements and rehabilitation for water
distribution, wastewater collection and stormwater management. Additional services may
include site restoration, concrete flatwork, pavement restoration, minor capital
improvements, emergency repair services, use of trenchless technology and other
general construction services related to Water Utility operations.
For Natural Areas, it is anticipated that the primary use of construction services will be
related to building, repairing, maintaining, and improving infrastructure and restoring
open spaces through the greater Fort Collins community. This work will focus on river,
wetland, and stream restoration, road and parking lot maintenance, agricultural water
systems repair, maintenance, installation, ADA facilities, and visitor use infrastructure
improvements. Additional services covered under the scope of work for Water Utilities
Engineering and Field Operations may be requested as needed. All Natural Areas Work
Orders will be done in accordance with Attachment C – Restoration Specification
Manual.
Work Orders will be issued for projects as needed. No Work Order will exceed
$1,000,000 unless authorized by the Purchasing Director. Work Orders in excess of
$300,000 will undergo a competitive process among the awarded qualified pool of
Contractors. Work Orders less than $300,000 may be awarded by the City directly
without a competitive process based on one of the Contractor’s in the pool experience,
pricing, and availability. Alternatively, the City may choose to solicit quotes from the
Contractor’s in the pool. All Work Orders greater than $100,000 will require Payment
and Performance Bonding for the total value of the project.
The City does not guarantee a minimum or maximum amount of work under this
Agreement and the City reserves the right to bid similar work independent of this
Agreement.
No Federally funded projects will be awarded under this solicitation.
The City intends to award multiple Contractor’s a one (1) year Agreement, and at the
mutual agreement between the City and the Contractor, the Agreement may be
extended for additional one (1) year periods not to exceed four (4) additional one year
periods.
II. SCOPE OF PROPOSAL
A. Scope of Work
The following is a list of the types of services and projects to be performed which may
encompass replacement, rehabilitation, repair, improvement, and new construction.
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While it identifies several services that are anticipated to be required, it may not be all
inclusive of the types of services to be performed.
a. Construction of new or rehabilitation of existing underground water distribution
system pipelines up to 20 inches in diameter.
b. Repair or replacement of water distribution pipelines and appurtenances such as but
not limited to valves, water meters, air vacs, fire hydrants, cathodic protection, etc.
c. Construction of new or rehabilitation of existing underground wastewater collection
system pipelines, manholes, and service connections.
d. Construction of new or rehabilitation of existing stormwater collection systems
including pipelines, manholes, curb inlets, open channels, and storage facilities.
e. General site work, including clearing and grubbing, excavation of backfill, earth
moving, compaction, and soil disposal.
f. Pavement restoration including asphalt and concrete paving and patching, curb and
gutter removal and replacement, and general flatwork replacement.
g. Channel dredging, cleaning, and restoration services.
h. Installation of cathodic protection systems on new and existing underground
pipelines.
i. Emergency repair on-call services for water distribution pipelines, wastewater
collection pipelines and stormwater management facilities, in and out of the right-of-
way.
j. New trail construction or maintenance to existing trail systems.
k. Parking lot and visitor use infrastructure improvements.
Construction services may include, but are not limited to the following:
1. Construction schedule preparation
2. Construction cost estimation
3. Site supervision
4. Applicable construction permits
5. Stormwater management/management plan
6. Site protection and security
7. Traffic control
8. Bypass pumping
9. Groundwater management pumping
10. Pavement demolition
11. Concrete patching and paving
12. Concrete flatwork
13. Asphalt patching and paving
14. Earthwork, clearing and grubbing, earth moving, backfill, compaction, disposal
15. Riprap installation
16. Pipeline installation for water distribution, wastewater and stormwater collection
17. Manhole and vault installations
18. Use of trenchless technologies
19. Warranty and management of project safety and quality control
20. Other related services as mutually agreed by the parties
Services specific to Natural Areas include the following:
1. Wetland construction
2. River and stream restoration
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3. Pond lining
4. Dredging
5. Parking lot, bridge and visitor use infrastructure improvements
6. Debris removal
7. Cost estimating, plan review and constructability reviews
8. Trail construction
9. Agricultural water systems maintenance, repair and installation
10. Construction permitting support
Construction Requirements
1. Provide construction services according to the Agreement and contract
documents.
2. Provide qualified full-time site supervision and management of trade
subcontractors to meet or exceed the defined project schedule.
3. Provide open procurement of subcontractors and suppliers. A minimum of 3
quotes are required for the subcontractor and material procurement process
unless otherwise approved by the City Project Manager. At the City’s approval,
subcontractors may be selected without receipt of 3 quotes and prior to the price
negotiation process if the subcontractor’s early involvement adds value to the
project through constructability reviews, phase planning, or other factors identified
by the project team. In these cases, subcontractor’s costs must still be validated
to be fair and reasonable and be determined to be an overall value-add to the City
and project.
4. Provide safety plan, site security and protection during construction. Provide all
site safety management and compliance with OSHA standards and criteria.
Implement a site safety program that is reported on regularly.
5. Provide for quality control program that meets or exceeds minimum job/contract
document and industry standards. Perform all quality control testing and
inspections in coordination with the City. All such tests and inspections shall be
subject to the City’s written review.
6. Meet all licensing requirements as set forth by the City for both Contractor’s and
subcontracted work.
7. Provide services to manage participation in project close out process and needs
during the project warranty period.
8. The Contractor’s construction team used for the RFP will be the same team
used on the project by the Contractor. If at any time, the City determines the
Contractor’s construction team has been changed, the City reserves the right to
terminate the contract and procure the construction of the project by other
means.
9. At any time, if the City determines that personnel on the construction team is not
fit to continue, the City reserves the right to request personnel change as needed.
10. All final construction work must comply with the latest adopted Americans with
Disabilities Act (ADA) as detailed at https://www.ada.gov/
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11. Required to adhere to the City of Fort Collins Dust Prevention and Control Manual.
The manual is available at https://www.fcgov.com/airquality/pdf/dust-prevention-
and-control-manual.pdf
12. Required to fill out City of Fort Collins Waste Management Plan Form.
• The Plan form is available at:
https://www.fcgov.com/recycling/files/construction
-waste-management-plan.pdf.
• Contractor may not receive final payment until this has been completed and
returned with back-up.
13. Required to comply with City’s Municipal Separate Storm Sewer System and the
State of Colorado Stormwater Permit requirements. Contractor may not receive
final payment until these requirements have been satisfied.
14. Any damage caused to the existing buildings, parking lot, site, & landscaping
through access to the construction area will be at the Contractor’s expense to
repair the damaged area to existing conditions before the damage occurred.
15. Ensure a clean and safe work site at all times.
16. Required to pull all appropriate State, City, and local permits.
17. Required to coordinate all special inspections with the City third party inspector.
18. Contact information will be provided to the contractor prior to work beginning.
19. The City has released smoking restrictions in certain areas. Smoking on the
premises is prohibited. If smoking is necessary, employees can smoke in their
personal vehicles. Please go to: fcgov.com/smokefree for more information.
A. Work Order Procedures
Each project will utilize the City’s Work Order, included in the Master Agreement, which
incorporates the Master Service Agreement terms and conditions.
The City Project Manager will initiate the Work Order by providing the Contractor with all
the pertinent information required, and available, to accurately bid the project. A site
visit, drawings, and other additional information may be provided to the Contractor(s) to
assist in the process.
The Contractor shall provide all personnel, subcontractors, materials, equipment, and
supplies necessary to complete the requested Work. The City reserves the right to
furnish materials at its discretion. Work Order bid schedule/schedule of values pricing
shall be based on the Bid Schedule provided by the Contractor(s) on a project basis.
Each Work Order will include a start and completion date, bid schedule/schedule of
values, total cost with details supporting the total cost, and a general summary of Work.
Supporting documentation could include, but is not limited to, the project schedule ,
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deliverables, cost details supporting total project cost to include hourly labor rates,
equipment rates, material quotes as required, and subcontractor quotes as required.
Rental equipment costs and estimated hours should be included in Work Orders if
applicable. All pricing is to be on a not to exceed, time and materials unit cost basis,
invoiced based upon actual quantities utilized.
As detailed in the sample Master Agreement, Construction Work Orders greater than
one hundred thousand dollars ($100,000) require one hundred percent (100%)
performance and payment bonds. In addition, prior to Substantial Completion, the City
will withhold as contract retainage five percent (5%) of each progress payment.
Liquidated damages may also apply on a project-by-project basis.
The awarded Contractor will receive a Work Order and a Purchase Order from the City
authorizing work under this Agreement. Contractor should not begin any Work prior to
receipt of the Purchase Order and Work Order. No Work Order will be considered valid
until signed, at a minimum, by the Contractor, City Representative, and Purchasing
Department representative. Depending upon the cost and nature of the Work, additional
signature authorization may be required.
Any changes to the dates, cost, or scope of any Work Order must be agreed upon in
writing utilizing the City’s Change Order (included in the sample agreement) and will not
be considered valid until signed, at a minimum, by the Contractor, City Project Mana ger,
and Purchasing Department representative.
B. Minimum Qualifications
The awarded Contractor(s), including all Contractor employees and subcontractor
employees performing work as defined in individual Work Orders, must pass a
background check. Contractor(s) shall provide proof of the background check upon
request.
B. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: May 16, 2025
• Pre-Proposal Meeting: 1:00 PM MT on May 22, 2025
• Question deadline: 3:00 PM MT on May 29, 2025
• Proposal due date: 3:00 PM MT on June 10, 2025
• Interviews (tentative): Week of June 23, 2025
• Award of Contract (tentative): June 2025
C. Interviews
In addition to submitting a written proposal, the top-rated Contractors may be interviewed
by the RFP assessment team and asked to participate in an oral presentation to provide
an overview of the company, approach to the project and to address questions. The
evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
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Instead of traditional in-person interviews for the optional interview session, the City may
opt to use alternate methods including, but not limited to remote interviews through a
platform such as Microsoft Teams.
D. Subcontractors/Subconsultants
Contractor will be responsible for identifying any subcontractors and/or subconsultants in
their proposal. Please note that the City will contract solely with the awarded Contractor(s);
therefore, subcontractors and/or subconsultants will be the responsibility of the Contractor.
E. Fees, Licenses, Permits
The successful Contractor shall be responsible for obtaining any necessary licenses, fees
or permits without additional expense to the City. All vehicles and equipment shall be
properly licensed and insured, carry the appropriate permits and be placarded as required
by law.
F. Laws and Regulations
The Contractor agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances to include American Disabilities
Act (ADA).
C. Standard of Conduct
The successful Contractor shall be responsible for maintaining satisfactory standards of
employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall
be responsible for taking such disciplinary action with respect to any employee, as may
be necessary.
The personal conduct of the Contractor and its staff has a direct impact on the quality of
performance. Unacceptable personal conduct/behavior, as defined herein, may result in
immediate or early termination of the Agreement.
The City may request, at their sole discretion, the Contractor to immediately remove from
this assignment any employee found unfit to perform duties due to one or more of the
following reasons: (1) Neglect of duty. (2) Disorderly conduct, use of abusive or offensive
language, quarreling, intimidation by words or actions, or fighting. (3) Theft, vandalism,
immoral conduct, or any other criminal action. (4) Selling, consuming, possessing, or being
under the influence of intoxicants, including alcohol or substances, while on assignment
for the City.
All City-owned or operated facilities and their grounds are non-smoking sites.
G. Current Standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances. All Work shall be performed in accordance with
applicable ANSI, OSHA, or AWWA standards.
1. The City’s Development Construction Standards shall be followed for all projects.
The standards can be accessed via the following link:
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https://www.fcgov.com/utilities/img/site_specific/uploads/water_wastewater_cons
truction_standards.pdf?1551818062
2. Dust Control. The Contractor shall abide by the City of Fort Collins “Dust Control
and Prevention Manual,” which is available for public download at https://www.
fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is
incorporated herein by this reference. The City has implemented this manual for
all projects performed for the City or located within the City of Fort Collins City
limits.
Lack of compliance with these documents and standards is grounds for cancellation of
the Agreement(s)/Work Order/Purchase Order.
H. Accident Reporting
Any incident/accident resulting in damage to property or causing personal injury within
the limits of a work site shall be immediately reported to the appropriate police agency,
other required agencies, City Representative and the City of Fort Collins Safety and Risk
Management Department.
The Contractor shall immediately contact the City Representative when damage to an
underground facility is identified. If a natural or propane gas line is damaged, the
Contractor must call 911 prior to notifying the City Representative. The Contractor shall
not backfill around the underground utility line until the City Representative has repaired
the damage and has given clearance to backfill. The City will not pay the Contractor for
labor, vehicles, material, or equipment or any other cost associated with the repair to any
at-fault damage. Failure to comply may result in a verbal warning, suspension of the
crew, loss of work, and/or termination of the Master Agreement.
I. Safety Practices, Safety Documentation and Training
Contractor(s) shall comply with all engineering, safety, and operating requirements
concerning installation of equipment in, on or around utility facilities; obtaining access
facilities; and adhering to operating rules and requirements involving safe contact with
utility equipment and water, gas and power lines, and confined spaces. Contractor(s)
shall adopt Utility's minimum safety standards as the baseline requirements.
J. Unsatisfactory Operations
Should it be necessary to halt the work because of incorrect or unsatisfactory operations
under the terms of the awarded contract or because of failure to follow safety standards
applicable hereto, the Contractor must take immediate steps to remedy the deficiencies.
Should repair or correction of any safety defect or deficiency not be immediately
undertaken and should the City be required to protect the site or make the repair or
correction, the cost of such work shall be deducted from payment due to the
Contractor(s).
K. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
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Manager. The cost of the work completed shall be paid to the Contractor each month
following the submittal of a correct invoice by the Contractor indicating the project name,
Purchase Order number, task description, hours worked, personnel/work type category,
hourly rate for each employee/work type category, date of the work performed specific to
the task, percentage of that work that has been completed by task, 3rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Contractor and the City will negotiate an appropriate unit price for the service prior to the
Contractor initiating such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of thirty (30) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall
be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Contractors are required to provide detailed written responses to the following items in the
order outlined below. The responses shall be considered technical offers of what Contractors
propose to provide and shall be incorporated in the contract award as deemed appropriate by
the City. A proposal that does not include all the information required may be deemed non-
responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the
Contractors include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
L. Contractor Information
1. Describe the Contractor’s business and background
2. Number of years in the business
3. Details about ownership, including the date the firm was established, how the firm is
organized, and previous names of the firm in the last ten (10) years (if applicable).
4. An overview of services offered and qualifications; including applicable Fort Collins
licenses that are currently held.
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
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account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
8. Bonding company reference including firm’s bonding capacity is adequate to
undertake this work.
M. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the Contractor would potentially manage several projects at different
sites and with different levels of expertise required to ensure each project’s timely
and professional completion.
3. Include a list of equipment available for use on City projects.
4. Describe the Contractor’s typical approach to constructing a project which must
maintain continuity of operations without disruption of service and/or additional
coordination with operations and maintenance staff.
5. Describe the methods and timeline of communication the Contractor will use with
the City’s Project Manager and other parties.
6. Describe the scheduling software the Contractor typically uses for sequencing tasks
and scheduling materials and equipment.
7. Describe the way in which the Contractor develops and maintains project schedules
for projects. Please also address how the Contractor works to overcome
challenges.
8. Provide details on the Contractor’s commitment to quality and attention to detail.
Explain the processes your team will use to ensure delivery of a high quality
finished product.
9. Include a description of the software and other analysis tools utilized for project cost
estimation.
10. Identify what types of work and services, if any, may be subcontracted.
11. Is the Contractor able to respond within two (2) hours, 24/7 for an emergency?
D. Firm Capability/Assigned Personnel
Provide relevant information regarding previous experience related to similar projects, to
include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles, years of
relevant experience, and their specific task assignment for this Agreement shall
also be provided in this section. Resumes shall be limited to one (1) page each.
2. References. Provide a minimum of three similar projects with public agencies in
the last 5 years (not to include the City of Fort Collins) that have involved the staff
and subcontractors/subconsultants proposed to work on this project. At least one
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reference shall be for work under an on-call contract. Include the owner’s name,
title of project, beginning price, ending price, contact name, email and phone
number, subconsultants on the team and a brief description of the work and any
change orders. The Contractor authorizes the City to verify any and all information
contained herein and hereby releases all those concerned providing information
as a reference from any liability in connection with any information provided.
3. Contractor shall complete the checklist provided as Attachment A –
Contractor Qualification Checklist. References may be requested as part of the
final selection. A single project may be used to meet more than one of the
described qualifications. In all instances, experience and projects completed must
be within the past 10 years. Contractors are not required to have experience in all
areas to be considered for award.
4. Provide any information that distinguishes the Contractor from its competition
and any additional information applicable to this RFP that might be valuable in
assessing Contractor’s proposal.
5. Company Resources
Indicate the total number of personnel employed by the company and how many
resources are in each category (e.g. Administration, Clerical, Estimating, Project
Management, Project Coordinator, Project Engineer, Superintendent, Foreman,
Carpenter, Laborer, etc.). Provide an organizational chart for the resources
proposed to be used on this project. Indicate the office location this project will
be managed through. Provide a list of items your company typically self
performs and the equipment on hand or owned and managed by the firm.
The City values a company’s investment in supporting the industry with
apprenticeships, volunteer, or intern opportunities, the use of locally sourced
materials and labor, and the ability to recycle materials from generated
construction materials. Describe your previous experience emphasizing local
labor and materials and utilizing pollution prevention techniques.
6. Trade Subcontractors
Provide a listing of subcontractors for major trades your firm plans to engage to
meet the three-bid requirement. Explain your relationship with these firms, how
long they have worked with you on projects, and how your subcontractor
procurement process works. Give examples of situations where these firms have
performed in tight timeframes and accelerated schedules.
7. Quality Assurance/Quality Control
Provide details on your firm’s quality control program. Explain how your team
administers a quality control program during construction, how performance
measures are documented and how quality issues are addressed.
Provide examples of when your firm exceeded quality standards, gained industry
recognition or received quality awards.
8. Safety – Contractors are required to submit Attachment B – Contractor Safety
Form as part of their proposal.
9. Include a description of the software and other analysis tools to be used.
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E. Sustainability/TBL Methodology
The City is committed to completing projects that encompass opportunities for proactive
Equity, Diversity and Inclusion process and outcomes, and fostering sustainability. The
City is seeking contractors that will provide high-quality construction services that
incorporate sustainable practices and commit to completing projects that minimize
impacts. Proposals from Minority Business Enterprise, Minority Women Business
Enterprise or Minority Business Enterprise and those who hold any non -discrimination
policies and/or engage in inclusivity practices and/or trainings are encouraged.
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Contractor.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Schedule of Rates for Future Work Orders/Change Orders:
a. Provide your Overhead and Profit Fee, expressed as a percentage, to be added
to the direct cost of work, including all materials, labor, equipment and
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subcontractors. This Fee shall be used to cover all insurance, overhead, mark-up
and profit and shall also be used on any project change orders.
b. Rate Schedule: Provide a schedule of billing rates by category of employee and
job title and equipment to be used during the first year of the Master Agreement.
A separate schedule for after-hours/emergency and overtime should also be
included. Standard operating hours are expected to be between 7:00 AM MT and
5:00 PM MT. During this time period overtime rates will not apply. Rate
schedule(s) for subcontractors if used, shall be included with the same detail.
This Rate Schedule will be firm for at least one (1) year from the date of the Master
Agreement. All direct costs (i.e., travel, printing, postage, etc.) specifically
attributed to the project and not included in the billing rates must be identified.
Reasonable expenses may be reimbursable as per the current rates found at
www.gsa.gov. Contractor will be required to provide original receipts to the City for
all proposed travel expenses in accordance with the guidelines outlined below.
G. Insurance and Bonding
As a part of proposal, proposing Contractors are to provide the following:
a. Bonding Company Reference:
Provide the name, address, and phone number of the firm’s bonding agent.
Provide a letter from the bonding agent indicating the firm’s bonding capacity is
adequate to undertake this work.
b. Insurance Company:
Provide the name, address, and phone number of the firm’s insurance agent(s).
Provide statements to answer the following questions. (See also Insurance
Requirements in Section VII, Sample Agreement).
i. Does coverage meet minimum insurance requirements?
ii. Can the City be listed as an additional insured?
iii. Are there any current claims that will affect coverage limits available for this
Project?
H. Acknowledgement
The Acknowledgement form is attached as Section VI. Complete the attached form
indicating the Contractor hereby acknowledges receipt of the City of Fort Collins Request
for Proposal and acknowledges that the Contractor has read and agrees to be fully bound
by all of the terms, conditions and other provisions set forth in the RFP.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Contractors will be evaluated on the following criteria. This set of criteria will be the basis
for review and assessment of the written proposals and optional interview session. At the
discretion of the City, interviews of the top-rated Contractors may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
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WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Are there any exceptions to the
specifications, Scope of Work, or agreement?
Are other qualified personnel available to assist
in meeting the project schedules if required? Is
the project team available to attend meetings as
required by the Scope of Work?
4.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete projects on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on
the project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in their day-to-day business
operating processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day-to-day business operating processes,
practices and procedures?
3.0 Cost & Work Hours
Does the proposal include detailed cost break-
down by hourly rate and equipment costs? Do
the proposed cost and work hours compare
favorably with the Project Manager's estimate?
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V. ACKNOWLEDGEMENT
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
Contractor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP 10161 On-Call Construction Services - Water Utilities &
Natural Areas and sample Agreement except as otherwise noted. Additionally, Contractor
hereby makes the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Contractor’s knowledge and belief.
b. Contractor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Contractor further agrees that the method of award is acceptable.
e. Contractor also agrees to complete the proposed Agreement with the City of Fort Collins
within 10 days of notice of award. If contract is not completed and signed within 10 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Contractor acknowledges receipt of addenda.
g. Contractor acknowledges no conflict of interest.
h. Contractor acknowledges that the City is a governmental entity subject to the Colorado
Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted
hereunder are subject to public disclosure by the City pursuant to CORA and City
ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA . All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
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Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
MASTER SERVICES AGREEMENT
WORK ORDER TYPE CONSTRUCTION
THIS MASTER SERVICES AGREEMENT (Agreement) made and entered into the day and
year set forth in the Agreement Period section below, by and between THE CITY OF FORT
COLLINS, COLORADO, a MUNICIPAL CORPORATION (City or Owner) and , a(n)
(ENTER STATE) [business type], (Contractor).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. This Agreement shall constitute the basic agreement between the parties
for 10161 On-Call Construction Services - Water Utilities & Natural Areas. A general Scope
of Services is attached hereto as Exhibit A, consisting of [# of Pages], and incorporated
herein by this reference. The Contractor agrees to provide Services in accordance with any
project Work Orders issued by the City. Such Work Orders will be incorporated into this
Agreement. A sample Work Order is attached hereto as Exhibit B, consisting of one (1)
page, and Exhibit C consisting of ninety-two (92) pages and both incorporated herein by this
reference. The City reserves the right to independently solicit any project rather than issuing
a Work Order to the Contractor for the same pursuant to this Agreement. Irrespective of
references to certain named third parties within this Agreement or any Work Order, the
Contractor shall be solely responsible for performance of all duties hereunder. The term
Service as used in this Agreement shall include the Services and deliverables contained in
any Work Order issued by the City.
2. Change Orders and Work Change Directives
The City may, at any time during the term of a particular Work Order and without invalidating
the Work Order, make changes to the scope of the Service. Changes shall be agreed upon
in writing by the parties by Change Order, a sample of which is attached hereto as Section
00950, consisting of one (1) page and incorporated herein.
The City may elect to use Work Change Directives in situations involving changes in the
Work which, if not processed expeditiously, might delay the Project. These changes are
often initiated in the field and may affect the Contract Price or the Contract Times. This is
not a Change Order, but only a directive to proceed with the Work that will, in most cases,
require a Change Order. A sample Work Change Directive is attached hereto as Section
00955, consisting of two (2) pages and incorporated herein by this reference.
3. Work Order Schedule. The Services to be performed pursuant to this Agreement shall be
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initiated as specified on each Work Order. Time is of the essence. Any change in schedule
must be agreed upon in writing by the parties via a Change Order.
4. Changes. The City may, at any time during the term of the Agreement, make changes to
the Agreement. Such changes shall be agreed upon in writing by the parties.
5. Agreement Period. This Agreement shall commence , 20(Year) (the Effective Date)
and shall continue in full force and effect until , 20(Year), unless sooner terminated
as herein provided. In addition, at the option of the City, the Agreement may be extended
for additional one (1) year periods not to exceed four (4) additional one-year period(s).
Renewals and pricing changes shall be negotiated by and agreed to by the parties only at
the time of renewal. Written notice of renewal shall be provided to the Contractor no later
than thirty (30) days before Agreement end. Should written notice of renewal be delayed,
the parties agree that this Agreement may automatically extend on a month-to-month basis
until a renewal is completed. Upon expiration of the final renewal term, the Agreement may
continue but not to exceed one (1) year if required to complete any active Work Orders in
accordance with Section 8-186 of City Code.
6. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause or penalty by providing at least ten (10)
calendar days written notice of termination to the Contractor.
In the event of early termination by the City, the Contractor shall be paid for Services
rendered to the date of termination, subject only to the satisfactory performance of the
Contractor’s obligations under this Agreement. Contractor shall submit a final invoice within
ten (10) calendar days of the effective date of termination. Payment shall be the Contractor’s
sole right and remedy for termination.
7. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
Contractor: City: Copy to:
Attn:
Email Address
City of Fort Collins
Attn: Beck Anderson
PO Box 580
Fort Collins, CO 80522
banderson@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this Agreement shall be written.
8. Compensation. In consideration of the Services to be performed pursuant to this
Agreement, the City agrees to pay the Contractor on a time and reimbursable direct cost
basis as designated in Exhibit D, consisting of [# of Pages], attached and incorporated
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herein. At the election of the City, each Work Order may contain a maximum fee, which
shall be negotiated by the parties. Partial payments based upon the Contractor’s billings
and itemized statements are permissible as defined in the applicable Work Order. The
amounts of any partial payments shall be based upon the Contractor’s City-verified progress
in completing the Service(s) to be performed pursuant to the Work Order and upon approval
of the Contractor’s direct reimbursable expenses. Payment shall be made following
acceptance by the City of the Services.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the City Project
Manager. The cost of the Services completed shall be paid to the Contractor following the
submittal of a correct itemized invoice or payment application by the Contractor. The City is
exempt from sales and use tax. The City’s Certificate of Exemption license number is
09804502. A copy of the tax exempt license is available upon written request.
The City pays undisputed invoices on Net 30 days from the date of the invoice submittal to
the City or, for disputed invoices, Net 30 days from the date of City Project Manager’s
approval.
9. Design and Service Standards. The Contractor warrants and shall be responsible for the
professional quality, technical accuracy, accessibility requirements under ADA and Public
Accommodations and Technology Accessibility sections below, timely completion and the
coordination of all Services rendered by the Contractor, and the Project Instruments as
defined in the Project Instruments and License Section below. The Contractor shall, without
additional compensation, promptly remedy and correct any errors, omissions, or other
deficiencies from such standards.
10. Indemnification. The Contractor shall indemnify, defend, and hold harmless the City, and its
officers, agents and employees, to the maximum extent permitted under Colorado law,
against and from any and all actions, suits, claims, demands or liability of any character
whatsoever claimed by Contractor or third parties against the City arising out of or related
to this Agreement (not limited to contract, tort, intellectual property, accessibility, or
otherwise). This obligation extends to reimbursement of the City’s costs and reasonable
attorney fees.
11. Insurance. The Contractor shall provide and maintain insurance in accordance with Section
00630, consisting of two (2) pages, attached hereto and incorporated by this reference.
12. Appropriation. To the extent this Agreement, or any provision in it, requires payment of any
nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by the
Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code
Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have
no obligation to continue this Agreement in any fiscal year for which there are no pledged
cash reserves or supporting appropriations pledged irrevocably for purposes of payment
obligations herein. Non-appropriation by the City shall not be construed as a breach of this
Agreement.
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13. Liquidated Damages. City and Contractor recognize that time is of the essence of this
Agreement and that the City will suffer financial loss if the Services are not completed within
the times specified in the Work Order, plus any extensions thereof allowed in accordance
with Article 12 of the General Conditions. They also recognize the delays, expenses and
difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the
Services are not completed on time. Accordingly, ins tead of requiring any such proof, the
City and Contractor agree that as liquidated damages for delay (but not as penalty)
Contractor shall pay Owner the amount set forth in each Work Order.
14. Project Instruments and License.
a. Upon execution of this Agreement, the Contractor grants to the City an irrevocable,
unlimited and royalty free license to use any and all sketches, drawings, as -builts,
specifications, designs, blueprints, data files, calculations, studies, analysis, renderings,
models, plans, reports, and other Work Order deliverables (Project Instruments), in any
form whatsoever and in any medium expressed, for purposes of constructing, using,
maintaining, altering and adding to the project, provided that the City substantially
performs its obligations under the Agreement. The license granted hereunder permits
the City and third parties reasonably authorized by the City to reproduce applicable
portions of the Project Instruments for use in performing the Services or construction for
the project. In addition, the license granted hereunder shall permit the City and third
parties reasonably authorized by the City to reproduce and utilize the Project
Instruments for similar projects, provided however, in such event the Contractor shall
not be held responsible for the design to the extent the City deviates from the Project
Instruments. This license shall survive termination of the Agreement by default or
otherwise.
b. Upon payment under each applicable Work Order, Project Instruments rendered by the
Contractor shall become the City’s property. The Contractor shall provide the City with
the Project Instruments in electronic format in a mutually agreed upon file type.
15. City Project Manager. The City Project Manager will be shown on the specific Work Order
and shall make, within the scope of the City Project Manager’s authority, all necessary and
proper decisions with reference to the Services requested under the applicable Work Order.
All requests for contract interpretation, change orders and other clarification or instruction
shall be directed to the City Project Manager.
16. Project Status Report. Project status reports may be required by Work Order and shall be
submitted to the City Project Manager. Failure to provide any required status report may
result in the suspension of the processing of any invoice.
17. Independent Contractor. The Services to be performed by the Contractor are those of an
independent contractor and not of an employee of the City. The City shall not be responsible
for withholding any portion of the Contractor’s compensation hereunder for the payment of
FICA, Worker’s Compensation, unemployment insurance, other taxes or benefits or for any
other purpose.
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18. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Contractor and that this Agreement shall be considered as an
Agreement for personal services. Accordingly, the Contractor shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
19. Subcontractors/Subconsultants. Contractor may not subcontract any of the Work set forth
in the subsequent Work Orders without the prior written consent of the City, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent
of the City), then the following provisions shall apply:
a. the Subcontractor must be a reputable, qualified firm with an established record of
successful performance in its respective trade performing identical or substantially
similar work; and
b. the Subcontractor will be required to comply with all applicable terms of this Agreement;
and
c. the subcontract will not create any contractual relationship between any such
Subcontractor and the City, nor will it obligate the City to pay or see to the payment of
any Subcontractor; and
d. the work of the Subcontractor will be subject to inspection by the City to the same extent
as the work of the Contractor.
The Contractor shall require all Subcontractor/Subconsultants performing Service(s)
hereunder to maintain insurance coverage naming the City as an additional insured under
this Agreement in accordance with Section 00630. The Contractor shall maintain a copy
of each subcontractor’s/subconsultant’s certificate evidencing the required insurance.
Upon request, the Contractor shall provide the City with a copy of the certificate(s) within
two (2) business days.
The Contractor shall be responsible for any liability directly or indirectly arising out of the
Services performed under this Agreement by a Subcontractor/Subconsultant, which
liability is not covered by the subcontractor/subconsultant's insurance.
20. Acceptance Not Waiver. The City's approval of Project Instruments furnished hereunder
shall not in any way relieve the Contractor of responsibility for the quality or technical
accuracy of the Services. The City’s approval or acceptance of, or payment for, any of the
Services shall not be construed to operate as a waiver of any rights or benefits provided the
City under this Agreement.
21. Warranty.
a. Contractor warrants that all Services performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for
Services of a similar nature.
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b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any Services shall be new and, where not specified, of the most suitable grade of
their respective kinds for their intended use, and all Services shall be acceptable to
City.
c. Contractor warrants all equipment, materials, labor and other Services, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects
and nonconformances in design, materials and Service quality for the original
manufacturer’s warranty term or a period beginning with the start of the Services and
ending twenty four (24) months from and after final acceptance under the Agreement,
whichever is time is longer, regardless of whether the same were furnished or
performed by Contractor or by any of its subcontractors of any tier. Upon receipt of
written notice from the City of any such defect or nonconformances, the affected item
or part thereof shall be redesigned, repaired or replaced by Contractor in a manner
and at a time acceptable to City.
22. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this Agreement, that party may be declared in default upon notice.
23. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the Agreement and seek damages;
b. treat the Agreement as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this Agreement, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
24. Entire Agreement; Binding Effect; Authority to Execute. This Agreement, along with all
Exhibits, Work Orders and other documents incorporated herein, shall constitute the entire
Agreement of the parties regarding this transaction and the matter recited herein. This
Agreement shall supersede any prior agreements, promises, or understandings as to the
matter recited herein. The Agreement shall be binding upon the parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties. In the
event of a conflict between the terms of the Agreement and any exhibit or attachment, the
terms of the Agreement shall prevail. Each person executing this Agreement affirms that
they have the necessary authority to sign on behalf of their respective party and to bind such
party to the terms of this Agreement.
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25. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution and enforcement of
this Agreement without regard to choice of law or conflict of law principles. The parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
City subsequently agrees in writing that the matter may be heard in federal court, venue will
be in Denver District Court for the District of Colorado. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
26. Prohibition Against Unlawful Discrimination. The Contractor acknowledges that the City, in
accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42
US.C. § 2000d to 2000d-4), C.R.S. § 24-34-401, and any associated State or Federal laws
and regulations, strictly prohibits unlawful discrimination based on an individual’s gender
(regardless of gender identity or gender expression), race, color, religion, creed, national
origin, ancestry, age forty (40) years or older, marital status, disability, sexual orientation,
genetic information, or other characteristics protected by law. Pursuant to City policy, sexual
orientation means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that he or she has been discriminated against in viol ation of the
above policy or participating in an employment discrimination proceeding.
The Contractor shall comply with the City’s policy for equal employment opportunity and to
prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all
third-party vendors and their subcontractors at every tier.
27. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
Contractor agrees to meet all the requirements of the Americans with Disabilities Act of
1990, § 24-85-101, et seq., C.R.S., and all applicable rules and regulations (ADA), and all
applicable Colorado public accommodation laws, which are imposed directly on the
Contractor, or which would be imposed on the City as a public entity.
28. Technology Accessibility. The Contractor represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of C.R.S. § 24 -85-101, and the
Accessibility Standards for Individuals with a Disability, as established by the State of
Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103
(2.5), including all updates and amendments to those standards as provided by the OIT.
The Contractor shall also comply with all State of Colorado technology standards related to
technology accessibility and with Level AA of the most current version of the Web Content
Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards.
To confirm that the Project Instruments meet these standards, the Contractor may be
required to demonstrate compliance. The Contractor shall indemnify, save, and hold
harmless the City against any and all costs, expenses, claims, damages, liability, court
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awards and other amounts (including attorney fees and related costs) incurred by the C ity
in relation to the Contractor’s failure to comply with C.R.S. § 24-85-101, or the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
The City may require the Contractor’s compliance to the State’s Accessibility Standards to
be determined by a third party selected by the City to attest to the Project Instruments and
software compliance with C.R.S. § 24-85-101, and the Accessibility Standards for
Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5).
29. Data Privacy. Contractor will comply with all applicable data privacy regulations and laws,
specifically including Colorado’s Privacy Act C.R.S. § 6-1-1301 (the Privacy Act). Contractor
shall ensure that each person processing any personal data connected to the Services is
subject to a duty of confidentiality with respect to the data. If applicable, Contractor shall
require that any subcontractors meet the obligations of Contractor with respect to any
personal data connected to this Agreement and corresponding Work Orders. The parties
agree that upon termination of the Services that Contractor shall, at the City’s choice, delete
or return all personal data to the City unless retention of the personal data is required by
law. Contractor shall make available to the City all information necessary to demonstrate
compliance with the obligations of the Privacy Act. Contractor shall allow for, and contribute
to, reasonable audits and inspections by the City or the City’s designated auditor.
30. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 and under any other applicable law.
31. Colorado Open Records Act. Contractor acknowledges that the City is a governmental entity
subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and
documents in the City’s possession may be considered public records subject to disclosure
under the CORA. The parties agree that this Agreement, all incorporated Exhibits, and all
future Work Orders, unless specifically marked as Confidential, are considered public
records under the CORA.
32. Delay. Time is of the essence. Subject to the Force Majeure section of this Agreement, if
the Contractor is temporarily delayed in whole or in part from performing its obligations, then
the Contractor shall provide written notice to the City within two (2) business days defining
the nature of the delay. Provision of written notice under this Section shall not operate as a
waiver of any rights or benefits provided to the City under this Agreement.
33. Force Majeure. No party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
party that could not reasonably have been foreseen and guarded against. Force majeure
includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference
by civil or military authorities, compliance with regulations or ord ers of military authorities,
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and acts of war (declared or undeclared), provided such cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the Contractor must provide written notice to the City of such condition
within ten (10) days from the onset of such condition.
34. Dust Control. The Contractor shall abide by the City’s “Dust Control and Prevention
Manual,” which is available for public download at https://www.
fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated
herein by this reference. The City has implemented this manual for all projects performed
for the City or located within Fort Collins city limits.
35. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting
of four (4) pages, and Section 00700 General Conditions, consisting of fifty -three (53)
pages, attached hereto and incorporated herein.
36. Order of Precedence. In the event of a conflict or inconsistency within this Agreement the
conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this Agreement (and any written amendment),
b. Exhibits to this Agreement,
c. Work Order(s) (and any applicable Change Order), and
d. the Purchase Order document.
37. Prohibited Terms. Nothing in any Exhibit, Work Order, or other attachment shall be
construed as a waiver of any provision above. Any terms included in any Exhibit, Work
Order, or other attachment that requires the City to indemnify or hold Contractor harmless;
requires the City to agree to binding arbitration; limits Contractor’s liability; or that conflicts
with statute, City Charter or City Code in any way, shall be void.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
CONTRACTOR:
By:
Printed:
Title:
Date:
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EXHIBIT A
GENERAL SCOPE OF SERVICES
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EXHIBIT B
WORK ORDER FORM
(Short Form)
PURSUANT TO A MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
CONTRACTOR’S NAME
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME: 10161 On-Call Construction Services -
Water Utilities & Natural Areas
MASTER SERVICES AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Contractor agrees to perform the Work identified above and on the attached forms in accordance
with and subject to the terms and conditions contained herein and in the Agreement between the
parties. This Work Order is incorporated into the Agreement, and the Agreement and all prior
amendments or other modifications to the Agreement, if any, remain in full force and effect. In
the event of a conflict between or ambiguity in the terms of the Agreement and this Work Order
(including the attached forms) the Agreement as set forth in the Order of Precedence section of
the Agreement shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the Agreement or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
CONTRACTOR: ____________________________ Date: ___________________
Name, Title
ACCEPTANCE: Date:
Name, City Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT C
WORK ORDER FORM
(Construction over $100,000)
CONSTRUCTION WORK ORDER
FOR
10161 On-Call Construction Services - Water
Utilities & Natural Areas
WORK ORDER NO.
TITLED
(WORK ORDER TITLE)
DATE:
CONTRACTOR:
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TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order & Notice of Award
00530 Work Order Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (Contractor)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
09955 Work Change Directive Form
00960 Application for Payment
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SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
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SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO (CONTRACTOR):
WORK ORDER # & TITLE:
PURCHASE ORDER:
ORIGINAL BID/RFP # & TITLE: 10161 On-Call Construction Services - Water Utilities
& Natural Areas
ENGINEER:
OWNER’S REPRESENTATIVE:
NOTICE OF AWARD DATE:
OWNER: City of Fort Collins (Owner)
WORK. You are hereby notified that your bid dated , for the above Work Order has been
considered. Pursuant to your Agreement with Owner dated , you have been awarded a
Work Order for this Work Order Description:
A. INSERT SUMMARY OF WORK.
1. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
($ ). Pursuant to the Agreement and the Contract Documents, Performance and
Payment Bonds and insurance are required.
CONTRACT TIMES. Pursuant to the Agreement and the Contract Documents, the date for
Substantial Completion of this Work Order is , and after Substantial Completion, the date
for Final Completion is .
LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this
Agreement and that Owner will suffer financial loss if the Work is not completed within the times
specified in paragraph 3 above, plus any extensions thereof allowed in accordance with Article
12 of the General Conditions. They also recognize the delays, expenses and difficulties
involved in proving in a legal proceeding the actual loss suffered by Owner if the Work is not
completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor
agree that as liquidated damages for delay (but not as penalty) Contractor shall pay Owner the
amounts set forth hereafter.
1. Substantial Completion: ($ ) for each calendar day or fraction
thereof that expires after until the work is Substantially Complete.
2. Final Acceptance: After Substantial Completion ($ ) for each
calendar day or fraction thereof that expires after the period for Final
Payment and Acceptance until the Work is ready for Final Payment and
Acceptance.
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5. PAYMENT PROCEDURES. Contractor shall submit Applications for Payment in
accordance with Article 14 of the General Conditions. Applications for Payment will be
processed by Engineer as provided in the General Conditions.
5.1 Progress Payments. Owner shall make progress payments on account of the
Contract Price on the basis of Contractor 's Application for Payment as
recommended by Engineer, once each month during construction as
provided below. All progress payments will be on the basis of the progress
of the Work measured by the schedule of values established in paragraph
2.6 of the General Conditions and in the case of Unit Price Work based on
the number of units completed, and in accordance with the General
Requirements concerning Unit Price Work.
5.1.1 Prior to Substantial Completion, Owner will be entitled to withhold as
contract retainage five percent (5%) of each progress payment, but, in each
case, less the aggregate of payments previously made and less such
amounts as Engineer shall determine, or Owner may withhold, in
accordance with paragraph 14.7 of the General Conditions. If , in the sole
discretion of Owner, on recommendation of Engineer, Owner determines
that the character and progress of the Work have been satisfactory to
Owner and Engineer, Owner may determine that as long as the character
and progress of the Work remain satisfactory to them, there will be no
additional retainage on account of Work completed in which case the
remaining progress payments prior to Substantial Completion will be in an
amount equal to 100% of the Work completed. 95% of materials and
equipment not incorporated in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to Owner as provided in
paragraph 14.2 of the General Conditions) may be included in the
application Section 00960.
5.1.2 Upon Substantial Completion payment will be made in an amount sufficient,
if necessary, to increase total payments to Contractor to ninety five percent
(95%) of the Contract Price, less such amounts as Engineer shall
determine or Owner may withhold in accordance with paragraph 14.7 of the
General Conditions or as provided by law.
5.2 Final Payment. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, Owner shall
pay the remainder of the Contract Price as recommended by Engineer as
provided in said paragraph 14.13.
6. CONTRACTOR'S REPRESENTATION. In order to induce Owner to enter into this
Agreement, Contractor makes the following representations:
6.1 Contractor has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and
Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2 Contractor has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are
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identified in the Supplementary Conditions as provided in paragraph 4.2 of
the General Conditions.
6.3 Contractor has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations,
explorations, tests, reports, and studies (in addition to or to supplement
those referred to in paragraph 6.2 above) which pertain to the subsurface or
physical condition at or contiguous to the site or otherwise may affect the
cost, progress, performance or furnishing of the Work as Contractor
considers necessary for the performance or furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by Contractor for such purposes.
6.4 Contractor has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data in respect of said Underground Facilities are or will be
required by Contractor in order to perform and furnish the Work at the
Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents, including specifically the
provision of paragraph 4.3. of the General Conditions.
6.5 Contractor has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6 Contractor has given Engineer written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by Engineer is acceptable to Contractor.
7. CONTRACT DOCUMENTS.
7.1 The Contract Documents which comprise the entire Agreement between
Owner and Contractor concerning the Work as well as the General
Conditions, Supplementary Conditions, those items included in the
definition of “Contract Documents” in Article 1.10 of the General Conditions,
and such other items as are referenced in this Article 7, all of which are
incorporated herein by this reference.
7.2 Forms for use by Contractor in performing the Work and related actions in
carrying out the terms of the Agreement are deemed Contract Documents
and incorporated herein by this reference, and include, but are not limited
to, the following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
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7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
The Contract Drawings shall be stamped "Final for Construction" and
dated. Any revisions made shall be clearly identified and dated.
7.4 The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.5 There are no Contract Documents other than those listed or incorporated
by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no
assignment will release or discharge that assignor from any duty or
responsibility under the Contract Document.
8.3. Owner and Contractor each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its
partners, successors, assigns and legal representatives in respect to
all covenants, Agreement and obligations contained in the Contract
Document.
9. EXECUTION. One (1) electronic copy of this proposed Work Order & Notice of Award, and
accompanying amendments or supplements to the Contract Documents (except any
applicable Drawings) incorporated herein, are provided. One (1) electronic set of any
applicable Drawings will be delivered separately or otherwise made available to Contractor
immediately. Contractor must comply with the following conditions precedent within fifteen
(15) days of the date of this Notice of Award, that is, by .
A. Contractor must deliver to Owner one (1) fully-executed counterparts of this Work Order,
including all amendments or supplements to the Contract Documents incorporated
herein. Each Work Order must bear your signature as provided.
B. Contractor must deliver with the executed Work Order the Contract Security (Bonds) and
insurance, as specified in the Agreement, this Work Order, the General Conditions
(Article 5.1) and the Supplementary Conditions.
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Failure to comply with these conditions within the time specified will entitle Owner to consider your
Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after you
comply with those conditions, Owner will return to you one (1) fully signed counterpart of this Work
Order with any amendments or supplements to the Contract Documents attached.
CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION:
Contractor agrees to perform the services identified above, in accordance with the terms and
conditions contained herein and, in the Agreement, dated , and the Notice of Award dated
, between the parties. In the event of a conflict between or ambiguity in the terms of the
Agreement or specific Work Orders, the Agreement shall control.
CONTRACTOR:
By: Date:
Name: Title:
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OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference and the attached Notice to Proceed is hereby given.
ACCEPTANCE: Date:
, Project Manager
OWNER: CITY OF FORT COLLINS
ACCEPTANCE: ___________________________________________ Date: __________
Kelly DiMartino, City Manager
(if greater than $1,000,000)
ACCEPTANCE: ___________________________________________ Date: __________
Gerry Paul, Purchasing Director
(if greater than $60,000)
APPROVED AS TO FORM: __________________________________ Date: __________
ATTEST: ___________________________________________ Date: __________
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BID SCHEDULE
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SECTION 00530
WORK ORDER NOTICE TO PROCEED
NOTICE TO PROCEED DATE:
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE: 10161 On-Call Construction Services - Water
Utilities & Natural Areas
TO:
Attn:
This notice is to advise you:
That the Work Order and all amendments and supplements to the Contract Documents covering
the above-described Work have been fully executed by the Contractor and the Owner. That the
required Contractor Performance and Payment Bonds and insurance have been received by the
Owner. That the Owner has approved the said Work Order and Contract Documents.
Therefore, as the Contractor for the above-described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as required
by the Work Order and the Agreement.
The dates for Substantial Completion and Final Acceptance shall be , and ,
respectively.
Dated this _____________ day of ___________, _____.
CITY OF FORT COLLINS (Owner)
By: ___________________________________________
___________________________________________
Name & Title
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________
day of ___________, _____.
(Contractor)
By: ___________________________________________
___________________________________________
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Name & Title
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SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (Contractor)
00651 Lien Waiver Release (Subcontractor)
00660 Consent of Surety
00670 Application for Exemption Certificate
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SECTION 00610
PERFORMANCE BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "Owner", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the Owner, dated the day of , 2 , for 10161 On-Call
Construction Services - Water Utilities & Natural Areas a copy of which is hereto attached and
made a part hereof, for the performance of The City of Fort Collins Work Order, titled ,
Work Order Number , dated the day of , , a copy of which is hereto
attached and made a part hereof.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Work Order and Agreement
during the original term thereof, and any extensions thereof which may be granted by the Owner,
with or without Notice to the Surety and during the life of the guaranty period, and if the Principal
shall satisfy all claims and demands incurred under such Work Order and Agreement, and shall
fully indemnify and save harmless the Owner from all cost and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which
the Owner may incur in making good any default, then this obligation shall be void; otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the Owner.
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IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
By:
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If Contractor is
Partnership, all partners should execute Bond.
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SECTION 00615
PAYMENT BOND
Bond No
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "Owner", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the Owner, dated the day of , , for 10161 On-Call
Construction Services - Water Utilities & Natural Areas, a copy of which is hereto attached and
made a part hereof, for the performance of The City of Fort Collins Work Order, titled ,
Work Order Number , dated the day of , , a copy of which is hereto
attached and made a part hereof.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Work Order and Agreement and any authorized extension or modification
thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and
tools, consumed, rented or used in connection with the construction of such Work, and all
insurance premiums on said Work, and for all labor, performed in such Work whether by
subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the Owner.
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IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
By:
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If Contractor is
Partnership, all partners should execute Bond.
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SECTION 00630
CERTIFICATE OF INSURANCE
The Contractor will provide, from insurance companies acceptable to the Owner, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this Bid, the
Contractor shall furnish the Owner with certificates of insurance showing the type, amount, class
of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the Owner, at its option,
may take out and maintain, at the expense of the Contractor, insurance as the Owner may deem
proper and may deduct the cost of the insurance from any monies whi ch may be due or become
due the Contractor under this Agreement.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The Owner, its officers, agents and employees shall be named as additional insureds on
the Contractor 's general liability and automobile liability insurance policies by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this Contract.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the
life of this Contract for all of the Contractor’s employees engaged in work performed under
this Contract. Workers' Compensation & Employer’s Liability insurance shall conform with
statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000
disease each employee, or as required by Colorado law.
B. General Liability. The Contractor shall maintain during the life of this Contract such
General Liability as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Contract. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for General Liability,
shall not be less than $1,000,000 combined single limits for bodily inju ry and property
damage.
C. Automobile Liability. The Contractor shall maintain during the life of this Contract such
Automobile Liability insurance as will provide coverage for damage claims of personal
injury, including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Contract. Coverage for
property damage shall be on a "broad form" basis. The amount of insurance for
Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily
injury and property damage.
D. Subcontractors. In the event any work is performed by a subcontractor, the Contractor
shall be responsible for any liability directly or indirectly arising out of the work performed
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under this Contract by a subcontractor, which liability is not covered by the subcontractor's
insurance.
E. Primary Coverage. For any claims related to the Contract, Contractor’s insurance shall
be primary coverage, and any insurance or self-insurance maintained by the Owner, its
officers, agents and employees shall be in excess of the Contractor’s insurance and shall
not contribute with it.
F. Waiver of Subrogation. Contractor will grant to the Owner a waiver of any right of
subrogation which any insurer of Contractor may acquire against the Owner by virtue of
any payment of any loss. Contractor agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation, but this provision applies regardless of
whether or not the Owner has received a waiver of subrogation endorsement from the
insurer.
In the event any work is performed by a subcontractor, the Contractor shall be responsible for any
liability directly or indirectly arising out of the work performed under this Contract by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (Owner) WORK ORDER # & TITLE:
DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE:
10161 On-Call Construction Services -
Water Utilities & Natural Areas
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE: OWNER: City of Fort Collins
CONTRACTOR:
WORK ORDER DATE:
The Work performed under this Work Order, pursuant to the Contract Documents, has been
inspected by authorized representatives of the Owner, Contractor, and the Engineer and the
project (or specified part of the project, as indicated above) is hereby declared to be substantially
completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
Contractor to complete all the Work in accordance with the Contract Documents.
_____________________________ By: __________________________ ________
PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE
The Contractor accepts the above Certificate of Substantial Completion and agrees to complete
and correct the items on the tentative list within the time indicated.
_____________________________ By: __________________________ ________
CONTRACTOR AUTHORIZED REPRESENTATIVE DATE
The Owner accepts the project or specified area of the project as substantially complete and will
assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance
under the Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS ________ By: __________________________ ________
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS: _________________________________________________________________
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____________________________________________________________________________
____________________________________________________________________________
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SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
DATE: ________________, _____
TO:
You are hereby notified that on the day of , , the City of Fort Collins, Colorado,
has accepted the Work completed by , for the City of Fort Collins Work Order, titled ,
Work Order Number under 10161 On-Call Construction Services - Water Utilities & Natural
Areas.
A check is attached hereto in the amount of $ as Final Payment for all Work done, subject
to the terms of the Contract Documents, including the Work Order, which is dated , and the
Agreement, which is dated .
In conformance with the Work Order and Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following date:
___________________, _____.
Sincerely,
City of Fort Collins
Owner
By: ___________________________________________
___________________________________________
Name & Title
ATTEST: _________________________________________
___________________________________________
Name & Title
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SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (Owner)
FROM: (Contractor)
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE: 10161 On-Call Construction Services - Water Utilities &
Natural Areas
1. The Contractor acknowledges having received payment, except retainage from the Owner
for all work, labor, skill and material furnished, delivered and performed by the Contractor
for the Owner or for anyone in the construction, design, improvement, alteration, addition or
repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the Contractor voluntarily waives all
rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40
U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which
the Contractor may now or may afterward have, claim or assert for all and any work, labor,
skill or materials furnished, delivered or performed for the construction, design,
improvement, alteration, addition or repair of the above described project, against the Owner
or its officers, agents, employees or assigns, against any fund of or in the possession or
control of the Owner, against the project or against all land and the buildings on and
appurtenances to the land improved by the project.
3. The Contractor affirms that all work, labor and materials, furnished, delivered or performed
to or for the construction, design, improvement, alteration, addition or repair of the project
were furnished, delivered or performed by the Contractor or its agents, employees, and
servants, or by and through the Contractor by various Subcontractors or materialmen or
their agents, employees and servants and further affirms the same have been paid in full
and have released in full any and all existing or possible future mechanic's liens or rights or
claims against the project or any funds in the Owner’s possession or control concerning the
project or against the Owner or its officers, agents, employees or assigns arising out of the
project.
4. The Contractor agrees to defend and hold harmless the Owner, the lender, if any, and the
Surety on the project against and from any claim hereinafter made by the Contractor's
Subcontractors, materialmen, employees, servants, agents or assigns against the project
or against the Owner or its officers, employees, agents or assigns arising out of the project
for all loss, damage and costs, including reasonable attorney’s fees, incurred as a result of
such claims.
5. The parties acknowledge that the description of the project set forth above constitutes an
adequate description of the property and improvements to which this Lien Waiver Release
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pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and
may be relied upon by the Owner, the lender, if any, and Surety on any labor and material
bonds for the project.
Signed this ______ day of __________, ___.
CONTRACTOR:
By: ___________________________________________
___________________________________________
Name & Title
ATTEST:
_____________________________
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this _________ day of __________, _____, by
________________________________________________________________.
Witness my hand and official seal.
My Commission Expires: ___________________________.
_________________________
Notary Public
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SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "Owner")
CONTRACTOR:
WORK ORDER # & TITLE:
ORIGINAL BID/RFP # & TITLE: 10161 On-Call Construction Services - Water Utilities &
Natural Areas
CONTRACT DATE:
WORK ORDER DATE:
In accordance with the provisions of the Work Order and Contract between the O wner and the
Contractor as indicated above, for the Work Order titled on bond of
, (Surety) _______________________________________
hereby approves of the Final Payment to the Contractor, and agrees that Final Payment to the
Contractor shall not relieve the Surety Company of any of its obligations to the Owner, as set forth
in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of
_________ _, _____.
____________________________________________
(Surety Company)
By: ________________________________________
(Name) Attorney-in-Fact
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
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SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
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SECTION 00700
GENERAL CONDITIONS
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SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins
Modifications, Rev. 9/94) and other provisions of the Contract Documents as indicated below.
SC-1 DEFINITIONS
SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General
Conditions:
1.38. Substantial Completion. .... Substantial Completion is further defined as that
degree of completion of the operating facilities or systems of the Project defined in the
Work Order sufficient to provide the Owner the full time, uninterrupted, continuous,
beneficial operation of the modifications, and all inspections required have been
completed and identified conditions corrected.
SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43.A. Work Order--A written document executed by Owner and Contractor that
provides for the construction of a portion of the Work, pursuant to the Agreement and
all as required by the Contract Documents, and that becomes a Contract Document
when executed.
SC-2 PRELIMINARY MATTERS
SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
2.8. Preconstruction Conference. Within ten days after the Contract Times
for a Work Order start to run, but before any Work at the site is started, a conference
attended by Contractor, Engineer and others as appropriate will be held to establish a
working relationship among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.6, procedures for handling Shop Drawings and other
submittals, processing Applications for Payment, and maintaining required records.
SC-2.10. Add the following new paragraph immediately after paragraph 2.9 of the General
Conditions:
2.10. Work Order Required for All Work. References to the Agreement in this
Article 2 and in the General and Supplementary Conditions and Contract Documents
notwithstanding, no Work shall be initiated or performed until Contractor has received
a signed and executed Work Order, incorporating the Notice to Proceed, from Owner;
and no provision of this Article 2 or of the General and Supplementary Conditions and
Contract Documents shall permit or require any action of Contractor in the absence of
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a signed and executed Work Order. All provisions of this Article 2 and of the General
and Supplementary Conditions and Contract Documents referencing the Agreement
or other parts of the Contract Documents, or permitting or requiring any action of
Contractor, shall be read as referencing and, as appropriate, requiring a signed and
executed Work Order.
SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the
General Conditions:
4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in paragraph 4.3)
which are at or contiguous to the site have been utilized by the Engineer in preparation
of the Contract Documents, except the following:
SC-5 BONDS AND INSURANCE
SC-5.4.7. Include the following parties or entities as additional insureds, as provided in
paragraph 5.4.7 of the General Conditions:
5.4.7.1. City of Fort Collins, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado
80522
SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the
General Conditions:
9.4.8.1. Limits of Liability. The limits of liability for the insurance required by the
paragraph numbers of the General Conditions listed below are as follows:
For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B -
$100,000 / $100,000 / $500,000.
For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will
have limits of $1,000,000 combined single limits (CSL). This policy will include
coverage for Explosion, Collapse, and Underground coverage unless waived by the
Owner.
For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy
will have limits of $1,000,000 combined single limits (CSL).
For Paragraph 5.02.B.3: This policy will include completed operations coverage /
product liability coverage with limits of $1,000,000 combined single limits (CSL). This
policy shall also include an Umbrella Excess Liability as follows: General liability and
automobile liability insurance in an amount not less than $1,000,000 per occurrence
in excess of the above stated primary limits.
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SC-6 CONTRACTOR’S RESPONSIBILITIES
SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the
General Conditions:
6.14.3. The following Laws or Regulations are included in the Contract Documents
as mandated by statute or for the convenience of the Contractor. Other Laws and
Regulations apply which are not included herein, and are within the Contractor's duty
and responsibility for compliance thereto:
6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations in
the vicinity of such facilities.
6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price
involved, or other good reason, before or at the time that the contract is awarded to a
corporation outside the State of Colorado, such corporation must carry out the proper
procedure to become authorized to do business in the State of Colorado, designate a
place of business therein, and appoint an agent for service of process.
Such corporation must furnish the Owner with a certificate from the Secretary of State
of Colorado has been issued by its office and there shall also be procured from the
Colorado Secretary of State of photostatic or certified copy of the designated of place
of business and appointment of agent for service of process, or a letter from the
Colorado Secretary of State that such designation of place of business and agent for
service of process have been made.
6.14.3.3. The Contractor must conform to the rules and regulations of the Industrial
Commission of Colorado. Particular reference is made to rules and regulations
governing excavation Work adopted by the Industrial Commission of Colorado.
SC-8.0 Owner’s Responsibilities
8.10. The Owner will provide a project manager (the Project Manager). The
Contractor shall direct all questions concerning Contract interpretation, Change
Orders, and other requests for clarification or instruction to the Project Manager.
8.10.1. Authority: The Project Manager will be the Owner’s representative during
the construction of the project. The Project Manager shall have the authority to reject
work and materials whenever rejection may be necessary to ensure the proper
performance of the Work in accordance with the Contract Documents.
8.10.2. Duties and Responsibilities: The Project Manager will make periodic
visits to the project site to observe the progress and quality of the Work and to
determine, in general, if the Work is proceeding in accordance with the Contract
Documents. The Project Manager shall not be required to make comprehensive or
continuous inspections to check the progress or quality of the Work. The Project
Manager shall not be responsible for construction means, methods, techniques,
sequences, or procedures, or for safety precautions or programs in connection with
the Work, or for any failure of the Contractor to comply with laws and regulation
applicable to the performance or furnishing of the Work. Visits and observations
made by the Project Manager shall not relieve the Contractor of his obligation to
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conduct comprehensive inspections of the Work, to furnish materials and perform
acceptable Work, and to provide adequate safety precautions in conformance with
the Contract Documents. The Project Manager shall at all times have access to the
Work. The Contractor shall provide facilities for access so the Project Manager may
perform his or her functions under the Contract Documents.
8.10.3. One or more Construction Inspector(s) (CI) may be assigned to assist the
Project Manager in providing observation of the Work, to determine whether or not
the Work is proceeding according to the construction documents. Contractor will
receive written notification from the Owner of any CI assignments. The CI shall not
supervise, direct or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences or procedures of construction
or the safety precautions and programs incident thereto, or for any failure of
Contractor to comply with Laws and Regulations applicable to the furnishing or
performance of the Work. The CI will not be responsible for Contractor's failure to
perform or furnish the Work in accordance with the Contract Documents. The CI's
dealings in matters pertaining to the on-site work will be to keep the Project Manager
properly apprised about such matters.
8.10.4. Communications: All instructions, approvals, and decisions of the Project
Manager shall be in writing. The Contractor may not rely on instructions, approvals,
or decisions of the Project Manager until the same are reduced to writing.
SC-11 CHANGE OF CONTRACT PRICE
SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions:
11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed
by Article 4 of the Agreement shall be used in lieu of any Contractor’s fee, overhead,
profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2, and
11.6.2.3.
SC-12 CHANGE OF CONTRACT TIMES
SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions:
12.3. .... Lost days due to abnormal weather conditions will be allocated as
required.
SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION
SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions:
14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in
proportion to the cumulative actual Cost of the Work as a percentage of the Allowable
Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall
be advanced to the Contractor for mobilization in the first progress payment.
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SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Change Order
00955 Work Change Directive
00960 Application for Payment
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SECTION 00950
CHANGE ORDER FORM
CHANGE ORDER NO.
CONTRACTOR:
WORK ORDER TITLE & NO. :
ORIGINAL BID/RFP # & TITLE: 10161 On-Call Construction Services - Water Utilities &
Natural Areas
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COSTS $ ________________
TOTAL APPROVED CHANGE ORDER(S) $ ________________
TOTAL PENDING CHANGE ORDER(S) $ ________________
TOTAL THIS CHANGE ORDER $ ________________
TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ %
TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ %
ADJUSTED CONTRACT COST $ ________________
_________________
(Assuming all change orders approved)
ACCEPTED BY: _____________________________________ DATE: ____________
Contractor's Representative
ACCEPTED BY: _____________________________________ DATE: ____________
Project Manager
REVIEWED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
(Purchasing Agent if > $60,000)
cc: City Clerk Architect/Engineer
Finance Purchasing
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SECTION 00955
WORK CHANGE DIRECTIVE
A. GENERAL INFORMATION
This document was developed for use in situations involving changes in the Work which, if
not processed expeditiously, might delay the Project. These changes are often initiated in the
field and may affect the Contract Price or the Contract Times. This is not a Change Order, but
only a directive to proceed with the Work that may be included in a subsequent Change Order.
For supplemental instructions and minor changes not involving a change in the Contract Price
or the Contract Times a Field Order should be used.
B. COMPLETING THE WORK CHANGE DIRECTIVE FORM
ENGINEER initiates the form, including a description of the items involved and attachments.
Based on conversations between the Engineer, Owner and Contractor, Engineer completes
the following:
METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the
method to be used in determining the final cost of Work involved and the estimated net
effect on the Agreement Price. If the change involves an increase in the Agreement Price
and the estimated amount is approached before the additional or changed Work is
completed, another Work Change Directive must be issued to change the estimated price
or Contractor may stop the changed Work when the estimated time is reached. If the Work
Change Directive is not likely to change the Agreement Price, the space for estimated
increase (decrease) should be marked “Not Applicable”.
Once Engineer has completed and signed the form, all copies should be sent to O wner for
authorization because Engineer alone does not have authority to authorize changes in Price
or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price
and Times may only be changed by Change Order signed by Owner and Contractor with
Engineer’s recommendation.
Article 10 of the General Conditions requires that a Change Order be initiated and processed
to cover any undisputed sum or amount of time for Work actually performed pursuant to this
Work Change Directive.
Once the Work covered by this directive is completed or final cost and times are determined,
Contractor should submit documentation for inclusion in a Change Order.
IF THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE
AGREEMENT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE
CONSIDERED PROMPTLY.
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SECTION 00955
WORK CHANGE DIRECTIVE
NO.
PROJECT TITLE:
CONTRACTOR:
ENGINEER: Name
PO NUMBER:
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Change Directive:
Attachments: (List documents supporting change)
If OWNER OR CONTRACTOR believe that the above change has affected CONTRACT Price,
any Claim for a Change Order based thereon will involve one or more of the following methods
as defined in the CONTRACT Documents.
Method of determining change in CONTRACT Price:
Unit Prices
Lump Sum
Cost of the Work
Estimated increase (decrease) in CONTRACT Price: $
If the change involves an increase, the estimated amount is not to be exceeded without further
authorization.
Estimated increase (decrease) in CONTRACT Times: Substantial Completion: days; Ready
for Final Acceptance: days
REQUESTED:
Name
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
RECOMMENDED:
ENGINEER AUTHORIZED REPRESENTATIVE
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DATE
AUTHORIZED:
OWNER AUTHORIZED REPRESENTATIVE
DATE
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SECTION 00960
PAYMENT APPLICATION
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SECTION 00960
PAYMENT APPLICATION
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as
follows:
1
2 Original Contract Amount:
3 Net Change by Change Order:
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned Contractor certifies that all obligations of Contractor incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the Contractor.
Date: By:
Payment of the above Amount Due This Application is recommended by the Engineer.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the Owner’s Project Manager.
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Date: By:
Payment of the above Amount Due This Application is approved by the Owner.
Date: By:
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT PAGE 2 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
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EXHIBIT D
BID SCHEDULE
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EXHIBIT E
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Contractor under this Agreement, the parties
agree to comply with reasonable policies and procedures with regard to the exchange and handling of
confidential information and other sensitive materials between the parties, as set forth below.
1. Definitions.
For purposes of this Agreement, the party who owns the referenced information and is disclosing same shall
be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s information shall be
referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information that is not public and/or is
proprietary, including but not limited to location information, network security system, business plans,
formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics,
methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists,
financial information, studies, findings, inventions, ideas, City customer identifiable information (including
account, address, billing, consumption, contact, and other customer data), utility metering data, service billing
records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless,
Contractor shall treat as Confidential Information all customer identifiable information in any form, whether
or not bearing a mark of confidentiality or otherwise requested by the City, including but not limited to the
non-exclusive list of Confidential Information above. In the case of disclosure in non-documentary form of
non-customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have
the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general
nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidentia l
Information. Any information disclosed to the other party before the execution of this Agreement and related
to the services for which Contractor has been engaged shall be considered in the same manner and be
subject to the same treatment as the information disclosed after the execution of this Agreement with regard
to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of
performing its obligations under this Agreement and not in any way detrimental to Disclosing Party. Receiving
Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or
confidential information, which in any event shall result in a reasonable standard of care to prevent
unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein,
Receiving Party shall keep confidential and not disclose Confidential Information. The City and Contractor
shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to
become familiar with, and abide by, the terms of this Exhibit, which shall survive this Agreement as an on-
going obligation of the parties.
Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party,
other than in the performance of obligations under this Agreement.
4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information which is already
known to the Receiving Party or which before being divulged by the Disclosing Party: (a) was generally
known to the public through no wrongful act of the Receiving Party; (b) has been rightfully received by the
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Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the
Receiving Party, a breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement of a
governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by interrogatories, requests
for information or documents, subpoena, civil investigative demand or similar process, or by federal, state,
or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential
Information, the parties agree the Receiving Party will provide the Disclosing Party with immediate notice of
such request, so the Disclosing Party may seek an appropriate protective order before disclosure or waive
the Receiving Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information to any person,
directly or indirectly, nor use it in any way, except as required by law or authorized in writing by Disclosing
Party.
6. Red Flags Rules.
If applicable, Contractor must implement reasonable policies and procedures to detect, prevent and mitigate
the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal
Regulations part 681. Further, Contractor must take appropriate steps to mitigate identity theft if it occurs
with any of the City’s covered information and must notify the City in writing within twenty-four (24) hours of
discovery of any breaches of security or Red Flags to the City.
7. Data Protection and Data Security.
Contractor shall have in place information security safeguards designed to conform to or exceed industry
best practices regarding the protection of the confidentiality, integrity and availability of Confidential
Information and shall have written agreements requiring any subcontractor to meet those standards. These
information security safeguards (the “Information Security Program”) shall be materially consistent with, or
more stringent than, the safeguards described in this Exhibit.
(a) Contractor’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security Controls, and
Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
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• Personnel Security
(b) Subcontractors. Contractor may use subcontractors, though such activity shall not release or absolve
Contractor from the obligation to satisfy all conditions of this Agreement, including the data security
measures described in this Exhibit, and to require a substantially similar level of data security, appropriate
to the types of services provided and Confidential Information received, for any subcontractor Contractor
may use. Accordingly, any release of data, confidential information, or failure to protect information under
this Agreement by a subcontractor or affiliated party shall be attributed to Contractor and may be
considered to be a material breach of this Agreement.
8. Information Storage. Confidential Information is not to be stored on any local workstation, laptop, or media
such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the Contractor
can ensure security for the Confidential Information so stored. Workstations or laptops to be used in the
Services will be required to have personal firewalls on each, as well as have current, active anti-virus
definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in this Exhibit shall
apply during the term of the Services and or Agreement and at any time thereafter unless specifically
authorized by the City in writing.
10. Termination Remedy. If Contractor breaches any of the terms of this Exhibit, in the City’s sole discretion, the
City may immediately terminate this Agreement and withdraw Contractor’s right to access Confidential
Information.
11. Return of Information. Notwithstanding any other provision of this Agreement to provide Project Instruments
and work product, all material, i.e., various physical forms of media in which Confidential Information is
stored, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain
the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all
copies thereof to the Disclosing Party. Upon return of such materials, all digital and electronic data shall also
be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided to the
Disclosing Party within ten (10) days after completion of engagement, whether it be via termination,
completion or otherwise.
12. Injunctive Relief. Contractor Receiving Party acknowledges that the Disclosing Party may, based upon the
representations made in this Agreement, disclose security information that is critical to the continued success
of the Discloser’s business. Accordingly, Receiving Party agrees that the Disclosing Party does not have an
adequate remedy at law for breach of this Agreement and therefore, the Disclosing Party shall be entitled,
as a non-exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or
decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or
remedy any violation of this Agreement.